K.Kudiarasan @ Kudiyarasu, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.OP(MD)No.5337 of 2017 K.Kudiarasan @ Kudiyarasu : Petitioner / Accused Vs.

1.The State, Rep.by The Inspector of Police, Ilayangudi Police Station, Sivagangai District : 1st Respondent / Complainant (Crime No.374/2016) 2.Gunasekaran : 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records relating to the impugned FIR in Crime No.374 of 2016 on the file of the 1st Respondent herein, quash the same.

For Petitioner : Mr.K.Rajeshwaran For Respondent-1 : Mr.P.Kandasamy Government Advocate (crl.side)

ORDER

This Criminal Original Petition is filed praying to call for the records relating to the impugned FIR in Crime No.374 of 2016, on the file of the 1st Respondent herein and quash the same.

2. The petitioner and the second respondent are present before this Court along with their respective counsels. The learned Government Advocate (crl.side) appearing for the first respondent is also present.

3. The first respondent has registered the case against the petitioner in Crime No.374 of 2016, for the alleged offence under Sections 294(b), 323 and 506(ii) of IPC., as per the complaint given by the second respondent herein.

4. The learned counsel appearing for the petitioner and the second respondent would submit that, since the parties have settled their disputes amicably, the defacto complainant, who is the second respondent herein, does not want to continue the https://hcservices.ecourts.gov.in/hcservices/

criminal proceedings against the petitioner herein. Hence, the petitioner and the second respondent are seeking indulgence of this Court to record the compromise and to quash the FIR registered, on the basis of the complaint given by the second respondent against the petitioner herein.

5. The learned Government Advocate (crl.side) appearing for the 1st respondent states that he has no objection to record the compromise, since the parties to the case compromised the issue between themselves.

6. The learned counsels appearing on either side produced the Original Aadhaar Card of the petitioner and the second respondent, for identification. The Petitioner's Aadhaar Card Number is, 9838 0878 6634 and the second Respondent's Voter I.D. Number is AUO 0893107.

7. The Court heard the submissions of the respective parties, who appeared before this Court and their identification is also verified by their respective counsels.

8. Since the parties have settled their disputes amicably and they have also filed a 'Memorandum of Compromise', dated 23.03.2017 to that effect, this Court is of the view that there is no need to keep the FIR in Crime No.374 of 2016, pending on the file of the first respondent herein.

9. In the light of the compromise entered into between the parties, this Criminal Original Petition is allowed and the FIR in Crime No.374 of 2016, on the file of the first respondent is quashed. The 'Memorandum of Compromise, dated 23.03.2017, shall form part of the order.

Sd/- Assistant Registrar( ) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Ilayangudi Police Station, Sivagangai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.Rajeshwaran,Advocate,SR.55250 Crl.OP(MD)No.5337 of 2017 28.04.2017 MPK kk/RSK/09.05.2017-2P-4C https://hcservices.ecourts.gov.in/hcservices/